Supreme Court Sets Aside High Court Divorce Judgment; Orders Fresh Consideration

Judgment emphasizes detailed analysis of evidence and social circumstances in divorce cases.

In a significant judgment, the Supreme Court of India has set aside a divorce decree granted by the High Court of Uttarakhand and remitted the case for fresh consideration. The apex court highlighted the necessity for courts to deeply analyze evidence, social circumstances, and background of the parties before concluding that a marriage has broken irretrievably.

The case involved Dr. Anita, the appellant, who challenged the divorce decree granted to her husband, Indresh Gopal Kohli, on grounds of cruelty and desertion. The couple, married since May 2009, began facing marital discord soon after their son's birth in March 2010. The respondent initially sought divorce in 2010, withdrew the petition, and filed a second case in 2013 on grounds of desertion.

The High Court granted divorce primarily based on mental cruelty claims made by the respondent, overlooking Dr. Anita's plea that she was forced out of the matrimonial home. The Supreme Court, led by Justices Surya Kant and Joymalya Bagchi, found that the High Court did not undertake a comprehensive examination of the evidence and circumstances surrounding the case.

The judgment underscored the importance of identifying the party responsible for breaking the marital tie and emphasized that courts should refrain from hastily concluding irretrievable breakdown of marriage. The Supreme Court noted that such conclusions could have devastating effects, especially on children, and called for a thorough evaluation of evidence, social circumstances, and background of the parties.

The Supreme Court's decision mandates the High Court to revisit the case and conduct a detailed analysis before arriving at any conclusions. The parties have been directed to appear before the High Court on November 24, 2025.

This judgment reinforces the judiciary's commitment to ensuring fairness and thoroughness in divorce proceedings, reflecting the complex dynamics of marital relationships and the profound impact of judicial decisions on families.

Bottom Line:

Divorce - Grounds of cruelty and desertion - Court emphasized the necessity to deeply analyze evidence, social circumstances, and background of parties before concluding that the marriage has broken irretrievably - Impugned judgment of High Court set aside and matter remitted for fresh consideration.

Statutory provision(s): Hindu Marriage Act, 1955 Sections 13(1)(ia), 13(1)(i)(b)

Dr. Anita v. Indresh Gopal Kohli, (SC) : Law Finder Doc Id # 2810275